The issue of clergy sexual abuse has confronted us painfully, especially in our local Church. I believe that it is important for you to be fully informed about what has taken place and what actions we will be taking. I am enclosing a report that summarizes the major issues facing our Archdiocese as we deal with victims, parishes, priests, the courts, and the media. It outlines how we will be revising our policies and procedures in light of the adoption by the U.S. Bishops of the Charter for the Protection of Children and Young People. This archdiocesan report will be included on our web page (www.archlou.org), and we will update it periodically as events unfold.
I must apologize to you, as I have to the priests of the diocese, about my inability to communicate in a more timely fashion about these issues, especially the lawsuits. We are informed about lawsuits by the media and do not see them for several days. In any case, our policy is to refrain from commenting on litigation. I know the constant barrage of media reports has been very discouraging. I share your pain and frustration.
More importantly, I want to apologize on behalf of the Church to all those who have been victimized, either directly or indirectly, by priests who have abused children. I am very aware of the devastation that has been wrought by this terrible problem—for victims, for priests, and for all Catholics. I have sought the forgiveness of each victim I have met, and I also ask for your forgiveness for all the ways in which the Church has betrayed your trust. We have made mistakes, but we will be different in the future.
Please continue to pray for the priests who serve this Archdiocese so faithfully. You know them as holy, healthy men who minister with dedication and commitment. We need them, now more than ever, to continue this vital work.
Finally, I ask you to continue to pay close attention to The Record. We will use our archdiocesan newspaper as a major source of communication about these issues.
I took comfort in Bishop Gregory’s reference to the words of St. Paul in his opening remarks at the Bishops’ Conference. “Where sin has increased, grace has far surpassed it.” (Romans 5:20) I am confident in the power of God’s grace. Please keep our Church in your prayers. We need each other.
Devotedly yours in Christ,
Archbishop Thomas C. Kelly O.P.
Report to the Catholic People – Restoring Trust
This report will summarize the issues faced by the Archdiocese of Louisville with victims of clergy sex abuse, with priests, with parishes, with legal issues, and with the media. It also will outline some new initiatives planned as a result of the adoption of the Charter for the Protection of Children and Young People by the United States Conference of Catholic Bishops.
Victims
In March, we issued a general invitation for victims to come forward. This invitation was communicated through The Record and through numerous television and newspaper interviews. Since that time, we have heard directly from approximately 40 victims. As of June 20, we also have received lawsuits from 130 individuals.
Our consistent response to victims has been to meet with them and reach out with compassion. Even when we can’t substantiate their claims, we offer counseling assistance.
Unfortunately, we are prohibited from directly contacting those who lodge lawsuits, and some victims may be uncomfortable dealing with the Archdiocese. Therefore we are partnering with the University of Louisville’s Kent School of Social Work to offer victims of clergy sexual abuse a resource and referral service for counseling assistance.
We pledge to continue to reach out and support victims of sexual abuse. All Catholics are asked to pray for healing and reconciliation for those who have been hurt by the Church.
Priests and Parishes
The impact of the last several months on priests and parishes has been significant. As a result of the lawsuits and of the victims who have come forward to us since March 1, four priests have left their assignments, and Archbishop Kelly has asked four priests, already retired, to refrain from public ministry. Another priest was temporarily removed earlier this year until his name was cleared. Several of these actions took place prior to lawsuits being announced because of our fidelity to archdiocesan sex abuse policies.
The lawsuits have been widely publicized. Most of the lawsuits allege abuse that occurred 20 to 50 years ago. As of June 20, this legal action has involved two sitting pastors, five retired diocesan priests, five deceased diocesan and religious order priests, one priest that had already been removed from public ministry, one priest from outside our diocese, one bishop who was formerly a diocesan priest, and two priests who have since left the priesthood. Two of the priests named in lawsuits are members of a religious order; both of these men are deceased. The lawsuits also involve one religious brother who has since left his order, one religious deacon, and one lay teacher.
Even one case of abuse is too much, but it is important to put the numbers of priests in perspective. The alleged abuse spans fifty years. Since that time, 458 diocesan priests and hundreds of religious order priests have served our diocese. Twenty individuals (including former priests, religious order priests, and deceased priests) have been named in lawsuits or been the subject of diocesan action since the beginning of this year.
Seven parish communities have been directly affected by these events, though many other parishes are impacted because these priests have served at numerous parishes in our Archdiocese.
When we relieve a pastor or associate from parish ministry, a letter goes to every parish household and counselors are made available to the parish, especially in those parishes with schools. We also have held healing services and listening sessions in the affected parishes and plan to continue to offer these opportunities for dialogue and questions as the need arises.
Early in March, Archbishop Kelly wrote to all priests and urged them to preach about the issue of clergy sex abuse. Many have done a splendid job. In fact, many of our recent victims have come forward as a result of the good work being done in parishes.
Legal Issues
To deal with the numerous lawsuits, we have retained an additional law firm (Boehl, Stopher & Graves) to assist our diocesan attorneys (Ford, Klapheke & Meyer).
The police have initiated seven criminal investigations. We have cooperated with the police and have had more than a dozen meetings with civil authorities.
The legal decision we made about sealing the lawsuits has been controversial. We made this decision for two reasons:
- It is the law. State statute [KRS 413.249(3)], established in 1998, requires a motion to seal a lawsuit that alleges a case of childhood sexual abuse or assault that occurred more than five years prior to the date of the allegation.
- This legislation is designed to protect the privacy and rights of both victims and accused. A lawsuit does not prove that an allegation took place, and the subject of clergy sexual abuse is so sensitive that an accused priest is assumed guilty until proven innocent. In addition, victims have told us that they do not want to undergo the media exposure about their experiences that has arisen from these lawsuits. We have heard from grieving relatives of both victims and accused, and we have had parish communities who are pleading with us to get their parish out of the media spotlight.
Archbishop Kelly has pledged to communicate directly to affected parishes if he needs to relieve a pastor. The seal does not prevent us from enacting our sex abuse policies and from being forthright with the parish communities, and we have taken these actions in several cases that were not the subject of lawsuits. It also is important to recognize that this seal is in place only while the lawsuits are moving through the legal process. Once they are settled, we fully expect the judges to “unseal” the records and make them available for public scrutiny. We expect a ruling on this legal action by the end of June.
While the legal process may seem adversarial at times, we pledge to keep our goal of reaching out to victims with a just resolution in the forefront. We also hope to be able to employ less adversarial means of resolving these issues, such as mediation.
Many have asked about the costs involved in our legal defense and possible settlements. We urge all Catholics to continue to support their local parish communities. Donations stay in the parish. The health of parishes is vital for our local Church, and your gifts of time, talent, and treasure are very important. The Archdiocese is planning to use reserve funds to deal with legal expenses, and it is premature to even guess at what the total cost will be at this time. The archdiocesan annual report (published in October) will include a detailed financial accountability about what the Archdiocese has spent during the past year in legal costs, settlement costs, and counseling costs. This will become a regular part of our annual report.
Media and Communications
Since March 1, we have responded to nearly 200 media calls, participated in more than 50 hours of television interviews, spent 10 or more hours with The Courier Journal, and we have held two media briefings. We met with The Courier Journal editorial board and top editors, as well as with the television news directors before announcing our decision to ask the Court to seal the lawsuits. Our policy has been to be open and available to the media, and we have maintained a good relationship with local reporters.During the past three months, we have written to every parishioner directly affected by the removal of pastors or associate pastors. Archbishop Kelly has written three columns in The Record and several letters to all priests.
Many people have called to ask, “Why don’t we take on this attorney or that reporter and refute what they are saying in the media?” We have taken every opportunity to educate and inform the media about our policies, procedures, and future plans. However, we do not believe refuting victims in the public arena is in anyone’s best interest.
The Bishops Conference – Recovery and Healing
The Bishops have passed a courageous policy, which will prevent anyone who has a substantiated accusation of abuse of a minor from ministering in our parishes or schools. We are taking steps now to implement this policy in our Archdiocese with the following initiatives:- Sex Abuse Policies: As you know, we have had sex abuse policies in place since 1993. These are good policies that have served us well. With the adoption of the Charter, we will be revising and updating those policies. We plan to have them ready by the end of the summer.In light of the Charter, the following elements will be included in our new sex abuse policies:
- All priests who have a substantiated accusation of abuse–past, present, or future–will be permanently removed from public ministry. That means the priest cannot present himself as a priest, wear clerical garb, or minister in Catholic institutions. The process of permanently removing a priest from the clerical state is reserved to the Holy Father, and Archbishop Kelly will wait for Vatican approval of the new norms before beginning this process on any priest.
- If we reach a settlement with a victim of clergy sex abuse, we will no longer enter into confidentiality agreements, unless the victim requests it for serious reasons.
- As has been our practice and in accordance with state law, all accusations of child abuse of a person who is a minor will be reported to civil authorities. We will cooperate with civil authorities about reporting cases in which the victim is no longer a minor. We also will advise adult victims of their rights to report, give them reporting information (names and phone numbers), and even call for them if they prefer.
- Archdiocesan Clergy Sex Abuse Review Board: Archbishop Kelly has established a review board comprised primarily of lay persons who are not employees of the Archdiocese. We are recruiting children’s advocates, counselors, parents, victims of abuse, and experts in law enforcement for the Board; two priests also will serve on it. This Board will review cases in which a priest has been accused of sexual abuse and advise Archbishop Kelly on the disposition of the case. The Board will insure adherence to diocesan policies and to the Charter for the Protection of Children and Young People. Mr. John Laun, an attorney and former judge from Bullitt County, is the chairperson. Lynnie Meyer, President of the Center for Women and Families, also has agreed to serve on the Board.
- Outreach to Victims: We will continue reaching out to victims with care and compassion. However, some victims are reluctant to deal with the Archdiocese, and others cannot talk to us because of pending litigation. Therefore, we are very pleased to announce a partnership with the University of Louisville’s Kent School of Social Work to establish an independent resource and referral service for victims of clergy sexual abuse who may wish to receive counseling services. We are very grateful to the Kent School and the University of Louisville for their willingness to help us help victims.
- Prevention: We have many excellent ongoing prevention programs, including training for school and parish staff members, safety programs for children, and so on. These programs have been in place for some time but will have added urgency in the months ahead. We will review school, parish, and archdiocesan personnel policies for the necessary guidelines about appropriate boundaries for all of those who work with children and youth. We also are planning special meetings with school administrators and parish staffs to assist them in preparing programs for children and adults.
Other initiatives to promote reconciliation and healing will be forthcoming. We hope that with the agreement in Dallas on the Charter for the Protection of Children and Young People, we can now begin anew—with faith in the future and a renewed commitment to combat these abuses with our collective might. The Charter calls for the permanent removal from ministry of any cleric who, in the past, present or future, sexually abuses a minor. In our prayers and deliberations on this matter, we recall the words of the Holy Father: “There is no place in the priesthood or religious life for those who would harm the young.”
For a full text of the Charter, please visit the bishops’ conference web site at www.usccb.org or call our Communications Office, (585-3291; comm@archlou.org), and we will provide a copy.
